Strictly Private and Confidential Draft for discussion purposes ... - Delhi

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only32. Enquiry before registrationUpon recipe of the application under section 31, the registering officer shall:(a)(b)(c)(d)Enquire whether or not such transaction was executed by the persons by whom itpurports to have been executed;Follow the procedures for identification of the person in accordance with theprovisions prescribed in this regard, including through their Digital IdentificationNumber, or any other method that the Authority may prescribe in this regard.Request for evidence supporting or authenticating an electronic instrumentissue a notice to all persons having existing registered or recorded interest insuch property as reflected in the register of titles and provide all such persons areasonable opportunity of being heard. 933. Reasons for refusal to register to be recorded(1) Every Registrar refusing to register a transaction relating to immovable property requiredto be registered under this Act, except on the ground that the immovable property towhich it relates is not situated within his division or sub-division, shall make an order ofrefusal and record his reasons for such refusal and on application made by any personexecuting or claiming under the instrument, shall, without payment and delay, give him acopy of the reasons so recorded.(2) Where the Registrar refuses to order the document to be registered under section 33, anyperson claiming under such document, or his representative, assignee or agent, may,within thirty days after the making of the order of refusal, file an application with theTribunal seeking an order directing the document to be registered if it be duly presentedfor registration within thirty days after the passing of such order.34. Powers of the Registrar(1) Authority may delegate its functions and powers under this Act to the Registrar in themanner prescribed.(2) The Registrar shall have the power to summon any other person, who the registeringofficer believes has information relevant to the transaction to give statements or deliverany relevant document as may be necessary for registration under this Act.(3) The Registrar may, for the purpose of any enquiry, summon and enforce the attendanceof witness, and compel them to give evidence, as if he were a civil court, and he may alsodirect by whom the whole or any part of the costs of any such enquiry shall be paid, andsuch costs shall be recoverable as if they had been awarded in a suit under the Code ofCivil Procedure, 1908.9 Note to Draft: The notice shall give the recipient a chance of being heard by the Registrar, prior to anychange in the register.26